环境损害鉴定业务的法律风险及其内部控制
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摘要
环境损害鉴定是环境损害司法救济及环境行政执法中查证损害事实的必要手段。环境损害鉴定业务虽有广阔的需求空间,但面临着合同违约、侵权赔偿、民事被诉、遭受刑事处罚、行政追究等法律风险。这些风险均与委托人、鉴定人、其他利益攸关者的不当行为以及鉴定技术标准体系的不完善不无关系。控制环境损害鉴定业务的法律风险,应合理设置责任排除条款、保障鉴定业务流程的全程合法,并审慎对待人身、财产鉴定业务。
Environmental damage identification is the essential way to identify the justice relief of environmental damage and investigate the truth. Although environmental damage identification owns a large market of needs,it still faces with such legal risks as breach of contract,infringement compensation; civil procedure,criminal penalty,administrative accountability,which are associated with the misconducts of clients,surveyors and other stakeholders and the inperfection of identification of technology standards as well. To control the legal risks of environmental damage identification,it is reasonable to set the obligation of exclusive items,protect procedures of identification and be cautious to the identification of person and property.
Environmental damage identification is the essential way to identify the justice relief of environmental damage and investigate the truth. Although environmental damage identification owns a large market of needs,it still faces with such legal risks as breach of contract,infringement compensation; civil procedure,criminal penalty,administrative accountability,which are associated with the misconducts of clients,surveyors and other stakeholders and the inperfection of identification of technology standards as well. To control the legal risks of environmental damage identification,it is reasonable to set the obligation of exclusive items,protect procedures of identification and be cautious to the identification of person and property.
引文
[1]王江,魏利青,崔高莹.论我国环境损害鉴定评估机制的完善[J].环境保护,2016(2):49-51.